How to File for Divorce in British Columbia

Divorce is a legal process that ends a marriage, requiring spouses to follow a well-defined set of steps before they are legally considered divorced. 

No two divorces are the same, but it helps to understand the standard processes and the potential pitfalls you may encounter along the way. 

Not all divorces in BC are acrimonious or drawn out. Most are settled without unreasonable stress, expense, or delays. Being prepared and knowing the answers to common questions will help your divorce proceed as smoothly as possible.

Is separation and divorce the same in British Columbia?

Separation does not involve any formal legal process whereas divorces must pass through the British Columbia courts. This is the most fundamental difference between separation and divorce. 

Married couples must usually separate for one year before divorces are granted in BC. Separation may also refer to when two unmarried or common-law partners decide to end their relationship. 

As part of the separation process in a common-law relationship, the partners may work on a separation agreement together so that the relationship ends fairly but there is no legal requirement to do so. As long as they settle their property division and support issues together, common-law couples can separate with no court intervention required. 

With a divorce, each married spouse has a set of specific legal rights and responsibilities to fulfill. They are not considered divorced until a divorce decree is issued by a judge—and this will only be done after satisfying the court that all property, support, and parenting issues are settled. Court orders may be issued concerning these key matters. 

Eligibility requirements for divorce in British Columbia

Before divorcing in BC, you must establish whether you are eligible. There are two basic requirements: 

1. You must have grounds for divorce, i.e., a legally acceptable reason to divorce. In BC, there are three basic grounds for divorce: 
   • You and your spouse have been separated or lived apart for at least one year. 
   • There was adultery in the relationship. 
   • There is intolerable mental or physical cruelty in the relationship. 

2. One spouse must have lived in British Columbia for at least one year before filing.  

In BC, the vast majority of divorces are granted based on having been separated for one year. These divorces are less adversarial because no fault is apportioned to either partner. 

How to get a divorce in British Columbia

To get a divorce in BC, the first step is usually to separate for one year. This often means living apart but if you lead separate domestic, financial, and social lives, you can live in the same dwelling.

You can apply for a divorce before the end of the one-year separation, but no divorce decree will be issued until at least one year of separation has elapsed.

There is a formal filing process, which we outline below, but the nature of your divorce will depend on whether it is contested or uncontested.

• Contested divorce: this is where there are disagreements between spouses. Generally speaking, the more complex the disagreements, the more court intervention (mediation, litigation, etc.) will be required before a divorce can be finalized and the longer it will take—though most are settled without the need for a trial. Contested divorces must be processed by the Supreme Court.
• Uncontested divorce: this is where spouses agree on all aspects of the divorce without court intervention. They may still hire divorce lawyers to draw up agreements but there is no mediation or litigation required, making the process simpler and quicker. These cases can be handled by the provincial family law courts.

Court process for filing for divorce in BC

The court processes when filing for a contested divorce in British Columbia are as follows: 

• File an application with the Supreme Court of British Columbia, completing essential forms obtainable through the court registry or online. 
• Submit supporting documentation, such as the following: 
  • Proof of residency in BC for at least one year before the filing date. 
  • A copy of your marriage certificate. 
  • Submit the filing fees, which currently work out between $290 and $330 in BC. 

• Service of application: once your application is finalized and filed, your spouse must be served personally and if the circumstances allow then obtaining an Alternate Service order to serve either by mail, fax, or email, depending on the circumstances. 
• Court review and issuance of the order: if the submitted materials have been reviewed and found to be satisfactory, the divorce order will be signed by the judge. 
• Service of the order: a copy of the signed divorce order must be served on your ex-spouse. 

Divorces do not end there, of course. After the court formalities are out of the way, the necessary arrangements must be made for parenting and the payment of child support and spousal support if this has not been done already. 

If there are children from the marriage, it should be noted that a divorce order will not be issued until the parties have arranged for appropriate child support to be paid.

How long does a divorce take in BC?

The timeframe for a divorce depends heavily on the circumstances. Unless you are filing on the grounds of adultery or cruelty (which is extremely rare), you will first need to wait out the one-year separation period.

After that, how quickly your divorce proceeds will depend on whether matters are uncontested or contested. Many couples use the one-year separation period to sort out their differences and create a divorce settlement. These divorces may take a few months to finalize after filing.

Timing when you file for divorce is important as you do not need to wait until the 12 months have elapsed before applying with the court.

Contested divorces with outstanding matters still to be resolved after the 12-month separation period can take an additional six months up to well over a year.

How to get a divorce without a lawyer in BC

It is not mandatory to hire a divorce lawyer but most couples find it beneficial at some point—to draft a legally binding settlement in an uncontested divorce or simply to notarize documents.

If there are any outstanding contested issues, such as parenting, child custody/ support, property division or spousal support, a DIY divorce is not recommended as it can have unintended legal consequences for you and your children.

To arrange a DIY divorce in BC, follow these basic steps:

1. Gather relevant documents: at the very least, your marriage certificate, a copy of any relevant family law agreements, and any relevant court orders issued in the past.
2. Complete the relevant court forms.
3. Make two copies of the documents, file the originals at the court, and pay the applicable court fees (as per the above).
4. Somebody over the age of 19 must serve the divorce application on your spouse and swear an affidavit of service unless you filed a joint application.
5. If you served your spouse and there is no response within 30 days, apply for a divorce order by submitting a notarized Affidavit—Desk Order Divorce (Form F38), a Child Support Affidavit (Form F37) if you have dependent children, a Requisition (Form F17), a Certificate of Pleadings (Form F36), and a draft Final Order (Form F52).

If you are considering a divorce in the Langley area of British Columbia, DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a family lawyer today.